Some parties are producing thousands of e-discovery documents and emails all bundled in a single PDF. That is clearly not how those items were ordinarily maintained and it’s certainly not reasonably useful (F.R.Civ.P 34(b)(2)(E)(ii)). Here are reasons why all-in-one PDF productions are unreasonably burdensome on the receiving party: Pages with No Text Are Invisible for […]

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Many organizations manage their content using enterprise content management (“ECM”) systems like SharePoint, Office 365, FileNet, Open Text, or Documentum. These ECM systems are really databases that permit organizations to associate various classifications, tags, and descriptions (collectively, “attributes”) to the content being managed and to use those attributes to find specific documents. Parties seeking documents […]

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Enterprise Content Management systems enable organizations to work effectively with their unstructured content. ECM typically takes a more holistic view of an organization’s documents than e-discovery and enhances the ability to retrieve and analyze documents beyond what e-discovery is typically able to achieve. ECM classifies unstructured content, provides controlled access to it, and assigns granular […]

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How organizations deal with outliers, those data points that occur where they’re not expected, provide useful insights into the culture and data maturity of those organizations. Outliers occurring in simple frequency graphs could be blips that occur at the extreme ends of the normal curve. In e-discovery, outliers can be documents flagged by analytics software […]

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Selection bias occurs when data are selected for analysis in a way that not all objects being evaluated are equally likely to be selected. This results in samples that are not representative of entire populations. An extreme example would be predicting the presidential race by only sampling New York City or Los Angeles, or predicting all […]

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Lotus Notes (actually now IBM Notes) content is actually stored in a Notes database that has some unique characteristics that can cause problems when collecting Notes emails and attachments. E-Discovery practitioners will want to validate their own productions and those from opposing parties.  Notes problems can arise because Notes uses views to permit users to examine […]

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Much has been written about how to use advanced tools to select and produce electronic discovery. However, for every producing party there is a requesting party that has to review and analyze the produced documents. Unequal Footing. While producing parties have detailed knowledge about what was searched, the limitations of any tools used, and the […]

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